WEI LAI DEVELOPMENT LLC et al v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
Plaintiff: LIN HAN and WEI LAI DEVELOPMENT LLC
Defendant: United States Citizenship and Immigration Services
Case Number: 2:2021cv04611
Filed: June 4, 2021
Court: US District Court for the Central District of California
Presiding Judge: Karen L Stevenson
Referring Judge: Stephen V Wilson
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 0706
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2021 Opinion or Order Filing 47 MINUTE ORDER (IN CHAMBERS) DENYING MOTION FOR PRELIMINARY INJUNCTION by Judge Stephen V. Wilson re: #33 MOTION for Preliminary Injunction. For the foregoing reasons, plaintiffs' motion for preliminary injunction is DENIED. Defendants are directed to file a motion for summary judgment no later than 14 days from the issuance of this order. (See document for details) (mrgo)
July 30, 2021 Opinion or Order Filing 46 ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO INITIAL COMPLAINT by Judge Stephen V. Wilson re Stipulation to Extend Time to Answer (More than 30 days) #41 . IT IS ORDERED that Defendant's deadline to respond to Plaintiffs' Initial Complaint be continued to August 13, 2021. (mrgo)
July 30, 2021 Opinion or Order Filing 45 SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: New Case Status Conference and MOTION for Preliminary Injunction re TO POSTPONE THE EFFECTIVENESS OF THE DEFENDANTS DECISIONS AND/OR FOR A PRELIMINARY INJUNCTION filed by plaintiffs #33 - The initial status conference set for 8/2/2021 is vacated and off-calendar. The motion is submitted. Order to issue. The hearing set for 8/9/2021 is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
July 28, 2021 Filing 44 RESPONSE filed by Defendant United States Citizenship and Immigration Servicesto Reply (Motion related), #43 to Plaintiffs' Surreply (ECF No. 43) (Carpenter, Aaron)
July 27, 2021 Filing 43 REPLY support NOTICE OF MOTION AND MOTION for Preliminary Injunction re TO POSTPONE THE EFFECTIVENESS OF THE DEFENDANTS DECISIONS AND/OR FOR A PRELIMINARY INJUNCTION #33 filed by Plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC. (Attachments: #1 Exhibit B)(Piston, Michael)
July 26, 2021 Filing 42 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 0 Days, filed by Defendant United States Citizenship and Immigration Services.. (Carpenter, Aaron)
July 26, 2021 Filing 41 STIPULATION for Extension of Time to File Answer to 08/13/2021 re Complaint - (Discovery), #1 filed by Defendant United States Citizenship and Immigration Services. (Attachments: #1 Proposed Order)(Carpenter, Aaron)
July 19, 2021 Filing 40 DEFENDANTS NOTICE OF WITHDRAWAL OF MOTION TO DISMISS [ECF NO. 8] AND SUPPLEMENT IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION re NOTICE OF MOTION AND MOTION to Expedite HEARING ON PLAINTIFFS MOTION TO POSTPONE THE EFFECTIVENESS OF THE DEFENDANTS DECISIONS AND/OR FOR A PRELIMINARY INJUNCTION #34 , Motion to Dismiss (cause or other), MISCELLANEOUS - event converted from ICMS #8 filed by Defendant United States Citizenship and Immigration Services. (Carpenter, Aaron)
July 15, 2021 Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Aaron C G Carpenter counsel for Defendant United States Citizenship and Immigration Services. Adding Aaron C.G.Carpenter as counsel of record for United States Citizenship and Immigration Services for the reason indicated in the G-123 Notice. Filed by Defendant United States Citizenship and Immigration Services. (Attorney Aaron C G Carpenter added to party United States Citizenship and Immigration Services(pty:dft))(Carpenter, Aaron)
July 15, 2021 Opinion or Order Filing 38 SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson - The MOTION for Preliminary Injunction #33 previously scheduled for 08/09/2021 at 1:30 p.m. is rescheduled to 08/02/2021 at 1:30 p.m. The MOTION for Leave of plaintiffs' lead counsel to Appear for Telephonically filed by plaintiffs #36 is DENIED. The initial status conference is continued to 08/02/2021 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
July 15, 2021 Filing 37 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Leave of plaintiffs' lead counsel to Appear for Telephonically #36 at Initial Status Conference filed by Plaintiff WEI LAI DEVELOPMENT LLC. (Attachments: #1 Supplement Letter from Physician)(Piston, Michael)
July 14, 2021 Filing 36 NOTICE OF MOTION AND MOTION for Leave of plaintiffs' lead counsel to Appear for Telephonically filed by plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC. Motion set for hearing on 7/19/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Piston, Michael)
July 13, 2021 Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Expedite HEARING ON PLAINTIFFS MOTION TO POSTPONE THE EFFECTIVENESS OF THE DEFENDANTS DECISIONS AND/OR FOR A PRELIMINARY INJUNCTION #34 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo)
July 9, 2021 Filing 34 NOTICE OF MOTION AND MOTION to Expedite HEARING ON PLAINTIFFS MOTION TO POSTPONE THE EFFECTIVENESS OF THE DEFENDANTS DECISIONS AND/OR FOR A PRELIMINARY INJUNCTION filed by plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC. Motion set for hearing on 8/2/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Piston, Michael)
July 7, 2021 Filing 33 NOTICE OF MOTION AND MOTION for Preliminary Injunction re TO POSTPONE THE EFFECTIVENESS OF THE DEFENDANTS DECISIONS AND/OR FOR A PRELIMINARY INJUNCTION filed by plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC. Motion set for hearing on 8/9/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Piston, Michael)
June 21, 2021 Filing 32 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael E Piston to Appear Pro Hac Vice on behalf of Plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31487999) #26 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt)
June 21, 2021 Filing 31 NOTICE of Appearance filed by attorney Arthur Minas on behalf of Plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC (Attorney Arthur Minas added to party LIN HAN(pty:pla), Attorney Arthur Minas added to party WEI LAI DEVELOPMENT LLC(pty:pla))(Minas, Arthur)
June 21, 2021 Opinion or Order Filing 30 ORDER by Judge Stephen V. Wilson: granting #26 Non-Resident Attorney Michael E Piston APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Wei Lai Development LLC and Lin Han, designating Arthur Minas as local counsel. (mrgo)
June 21, 2021 Opinion or Order Filing 29 ORDER SETTING INITIAL STATUS CONFERENCE for 7/26/2021 at 3:00 PM before Judge Stephen V. Wilson. (pc)
June 21, 2021 Opinion or Order Filing 28 NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
June 19, 2021 Filing 27 NOTICE OF ERRATA filed by Plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC. correcting APPLICATION of Non-Resident Attorney Michael E Piston to Appear Pro Hac Vice on behalf of Plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31487999) #26 (Attachments: #1 Exhibit Certificate of Good Standing)(Piston, Michael)
June 17, 2021 Filing 26 APPLICATION of Non-Resident Attorney Michael E Piston to Appear Pro Hac Vice on behalf of Plaintiffs LIN HAN, WEI LAI DEVELOPMENT LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31487999) filed by plaintiff LIN HAN, WEI LAI DEVELOPMENT LLC. (Attachments: #1 Proposed Order) (Piston, Michael)
June 9, 2021 Filing 25 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael E. Piston. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
June 9, 2021 Filing 24 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
June 9, 2021 Filing 23 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Karen L. Stevenson. (jtil)
June 4, 2021 Filing 22 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:21-cv-00887, from USDC District of Columbia. The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-04611-SVW-KSx. (jtil)
June 4, 2021 Filing 21 ORIGINAL file, certified copy of transfer order and docket sheet received from District of Columbia
June 4, 2021 Filing 20 Case transferred to the USDC for the Central District of California pursuant to #19 Order Transferring Case,, Sent to Court via extraction. (ztd) [Transferred from District of Columbia on 6/8/2021.]
May 24, 2021 Opinion or Order Filing 19 ORDER TRANSFERRING CASE to the United States District Court for the Central District of California, for the reasons stated in the Court's Memorandum Opinion, Dkt. #18 . See document for details. Signed by Judge Randolph D. Moss on 5/24/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
May 24, 2021 Opinion or Order Filing 18 MEMORANDUM OPINION: For the reasons stated herein, the Court will GRANT Defendant's motion to transfer the case to the United States District Court for the Central District of California. A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 5/24/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
May 20, 2021 Filing 17 REPLY re #16 Notice (Other) to Defendnant's SUPPLEMENTAL NOTICE OF FILING OF DEFENDANTS SERVICE OF PROCESS filed by LIN HAN, WEI LAI DEVELOPMENT LLC. (Attachments: #1 Exhibit 1 - Service of Process Notice on April 17, 2021)(Piston, Michael) [Transferred from District of Columbia on 6/8/2021.]
May 19, 2021 Filing 16 NOTICE of Filing Regarding Defendant's Service of Process by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES re Order,,,, Set Deadlines,,, (Attachments: #1 Exhibit)(Adebonojo, Kenneth) [Transferred from District of Columbia on 6/8/2021.]
May 17, 2021 Filing 15 RESPONSE re Order,,,, Set Deadlines,,, filed by LIN HAN, WEI LAI DEVELOPMENT LLC. (Piston, Michael) [Transferred from District of Columbia on 6/8/2021.]
May 13, 2021 Filing 14 NOTICE by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES re Order,,,, Set Deadlines,,, (Attachments: #1 Exhibit A)(Adebonojo, Kenneth) [Transferred from District of Columbia on 6/8/2021.]
May 10, 2021 Opinion or Order MINUTE ORDER: Upon consideration of the pending motion to dismiss or to transfer, Dkt. #8 , it is hereby ORDERED that Defendant shall, on or before May 13, 2021, submit a declaration under the penalty of perjury that explains (1) the timing of USCIS's relocation to Maryland; (2) any remaining USCIS presence in the District of Columbia; (3) any other facts relevant to the motion to transfer, including whether any aspect of Plaintiffs' petition was adjudicated or reviewed in the District of Columbia. For an example of such a declaration, see Bahena v. Renaud, 21-cv-291 (ECF No. 9). It is further ORDERED that Plaintiffs may file any response to Defendant's declaration on or before May 17, 2021. Signed by Judge Randolph D. Moss on 5/10/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
May 7, 2021 Filing 13 Memorandum in opposition to re #8 MOTION to Dismiss MOTION to Transfer Case filed by LIN HAN, WEI LAI DEVELOPMENT LLC. (Piston, Michael) [Transferred from District of Columbia on 6/8/2021.]
April 30, 2021 Opinion or Order MINUTE ORDER: Upon consideration of the parties' joint motion for extension of time, Dkt. #12 , it is hereby ORDERED that the motion is GRANTED as modified herein. It is further ORDERED that Plaintiffs shall file their opposition to Defendant's Motion to Dismiss on or before May 7, 2021, and that Plaintiffs' opposition may address arguments raised in Defendant's (prematurely filed) Reply in Support of its Motion to Dismiss, Dkt. #11 , which the Court will consider in evaluating Defendant's Motion to Dismiss, Dkt. #8 . Signed by Judge Randolph D. Moss on 4/30/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
April 29, 2021 Filing 12 Joint MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss MOTION to Transfer Case AND OTHER SCHEDULING MATTERS by LIN HAN, WEI LAI DEVELOPMENT LLC. (Attachments: #1 Text of Proposed Order)(Piston, Michael) [Transferred from District of Columbia on 6/8/2021.]
April 28, 2021 Filing 11 REPLY to opposition to motion re #8 MOTION to Dismiss MOTION to Transfer Case filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: #1 Exhibit Certified Administrative Record)(Adebonojo, Kenneth) [Transferred from District of Columbia on 6/8/2021.]
April 22, 2021 Opinion or Order MINUTE ORDER: In light of Plaintiffs' motion for preliminary injunction, Dkt. #2 , Defendant's opposition to that motion, Dkt. #9 , and Plaintiffs' reply in support of the motion, Dkt. #10 , it is hereby ORDERED that Defendant shall file the certified administrative record on or before April 28, 2021. Signed by Judge Randolph D. Moss on 4/22/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
April 21, 2021 Filing 10 REPLY to opposition to motion re #2 MOTION for Preliminary Injunction and for Expedited Hearing Within 21 Days MOTION for Hearing filed by LIN HAN, WEI LAI DEVELOPMENT LLC. (Attachments: #1 Exhibit B., #2 Exhibit C., #3 Exhibit D.)(Piston, Michael) [Transferred from District of Columbia on 6/8/2021.]
April 18, 2021 Opinion or Order MINUTE ORDER: It is hereby ORDERED that Plaintiffs shall file any reply in support of their motion for preliminary injunction on or before April 21, 2021. Signed by Judge Randolph D. Moss on 4/18/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
April 16, 2021 Filing 9 Memorandum in opposition to re #2 MOTION for Preliminary Injunction and for Expedited Hearing Within 21 Days MOTION for Hearing filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Adebonojo, Kenneth) [Transferred from District of Columbia on 6/8/2021.]
April 16, 2021 Filing 8 MOTION to Dismiss by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: #1 Memorandum in Support)(Adebonojo, Kenneth). Added MOTION to Transfer Case on 4/21/2021 (ztd). [Transferred from District of Columbia on 6/8/2021.]
April 9, 2021 Opinion or Order MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. #7 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant's response to Plaintiffs' motion for preliminary injunction, Dkt. #2 , shall be due on or before April 16, 2021. Signed by Judge Randolph D. Moss on 4/9/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
April 8, 2021 Filing 7 Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Adebonojo, Kenneth) Modified event on 4/9/2021 (ztd). [Transferred from District of Columbia on 6/8/2021.]
April 5, 2021 Filing 6 NOTICE of Appearance by Kenneth A. Adebonojo on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Adebonojo, Kenneth) [Transferred from District of Columbia on 6/8/2021.]
April 2, 2021 Opinion or Order Filing 5 STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 4/2/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
April 2, 2021 Filing 4 SUMMONS (3) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) [Transferred from District of Columbia on 6/8/2021.]
April 2, 2021 Opinion or Order MINUTE ORDER: Plaintiffs are hereby ORDERED promptly to notify counsel for Defendant about this suit and the pending motion for preliminary injunction. Dkt. #2 . The parties shall thereafter jointly contact the Courtroom Deputy Clerk to set a prompt scheduling conference in this matter. Signed by Judge Randolph D. Moss on 4/2/2021. (lcrdm3) [Transferred from District of Columbia on 6/8/2021.]
April 2, 2021 Case Assigned to Judge Randolph D. Moss. (zsb) [Transferred from District of Columbia on 6/8/2021.]
April 1, 2021 Filing 3 ERRATA CORRECTED STATEMENT OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION by LIN HAN re #2 MOTION for Preliminary Injunction and for Expedited Hearing Within 21 Days filed by LIN HAN. (Piston, Michael)[Transferred from District of Columbia on 6/8/2021.]
April 1, 2021 Filing 2 MOTION for Preliminary Injunction and for Expedited Hearing Within 21 Days by LIN HAN. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Piston, Michael). Added MOTION for Hearing on 4/2/2021 (znmw). [Transferred from District of Columbia on 6/8/2021.]
April 1, 2021 Filing 1 COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 402 receipt number ADCDC-8344565) filed by WEI LAI DEVELOPMENT LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Exhibit Addendum)(Piston, Michael) [Transferred from District of Columbia on 6/8/2021.]

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Defendant: United States Citizenship and Immigration Services
Represented By: Kenneth A. Adebonojo
Represented By: Aaron C G Carpenter
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Plaintiff: LIN HAN
Represented By: Michael E. Piston
Represented By: Arthur Minas
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Plaintiff: WEI LAI DEVELOPMENT LLC
Represented By: Michael E. Piston
Represented By: Arthur Minas
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